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2022 DIGILAW 2188 (RAJ)

Bhanwar Lal v. State Of Rajasthan, Through P. P.

2022-08-03

RAMESHWAR VYAS

body2022
ORDER 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.301/2022 of Police Station Sumerpur, District Pali for the offences punishable under Sections 295-A & 505 (2) IPC. 2. Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record. 3. Learned counsel for the applicant submits that offences alleged against the applicant is punishable with imprisonment for three years or fine and the same are triable by Magistrate; the applicant is old person aged about sixty one years, who is behind the bars since 24.06.2022. Out of two similar cases registered against him, in another case he has already been enlarged on bail. Learned counsel for the applicant submits that the applicant undertakes not to publish and circulate the disputed book offending the religious sentiments of one community. 4. Learned Public Prosecutor as well as learned counsel for the complainant oppose the grant of bail application. Learned counsel for the complainant submits that the book published by the applicant is prohibited one as per Notification dated 05.08.1957 and the same notification has been upheld by Larger Bench of this Court in the matter of Iswar Lal Khatri vs. State of Rajasthan : 2010 (2) RLW 1364 Raj. 5. Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case, without commenting on the merits, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed. 6. Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Bhanwar Lal S/o Shri Durga Lal shall be released on bail in connection with FIR No.301/2022 of Police Station Sumerpur, District Pali provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. However, the applicant shall file undertaking as mentioned before the trial court at the time of furnishing bail bonds.